When someone dies without a will in England and Wales, their estate is distributed according to the rules of intestacy. Answer a few questions below to find out who would inherit and in what proportion.
Did the deceased have a surviving spouse or civil partner at the time of death?
A spouse is a husband or wife. A civil partner is someone in a legally registered civil partnership. A cohabiting partner does not count under intestacy rules.
The calculator follows the statutory order of priority set out in the Administration of Estates Act 1925, as amended by the Inheritance and Trustees' Powers Act 2014. You answer a series of questions about the deceased's surviving relatives, and the calculator determines who is entitled to inherit and in what proportion.
The rules apply a strict hierarchy: a surviving spouse or civil partner is always considered first. Only if there is no spouse do children inherit the whole estate. Only if there are no children do parents inherit — and so on down the priority list through siblings, grandparents, aunts and uncles, and half-relatives.
Cohabiting partners — no matter how long the relationship — have no automatic entitlement under intestacy law. Unmarried partners must pursue a separate claim under the Inheritance (Provision for Family and Dependants) Act 1975, which is discretionary and not guaranteed. This is one of the most common misconceptions about intestacy in England and Wales.
The outcome depends on which relatives survive the deceased. Here are the most common scenarios:
Surviving spouse or civil partner, no children
The spouse inherits the entire estate outright. For example, on an estate worth £350,000, the surviving spouse receives the full £350,000.
Surviving spouse and children
The spouse receives all personal property, the first £322,000 (the statutory legacy), and half of the remaining estate. Children share the other half equally. On an estate worth £500,000: the spouse takes £322,000 plus £89,000 (half of the remaining £178,000) = £411,000. Two children share the remaining £89,000 equally — £44,500 each.
No surviving spouse, children survive
Children inherit the entire estate in equal shares. Grandchildren can inherit their parent's share if that parent has already died (this is called “per stirpes” distribution).
No spouse, no children
The estate passes outward through the priority list: parents first, then full siblings (or their children), then half-siblings, then grandparents, then aunts and uncles, then half-aunts and half-uncles. If none of these relatives can be found, the estate passes to the Crown.
Note that the £322,000 statutory legacy figure is set by regulation and is reviewed periodically. Always verify the current figure on GOV.UK before making decisions.
When no relatives within the legal priority order can be found, the estate passes to the Crown as bona vacantia— Latin for “vacant goods”. This does not mean the money disappears. The Government Legal Department publishes a publicly searchable list of these unclaimed estates, updated regularly.
Crucially, distant relatives may still have a valid claim even if they were never contacted. Claims can be made up to 30 years after the date of death. The BV list stretches back years and often includes estates from relatives who died without anyone knowing — a second cousin, a great-uncle, a half-sibling from a previous relationship.
FindMyLegacy lets you search the full Bona Vacantia list for free, save surnames to a watchlist, and receive email alerts when new matching estates are published.
Search the Bona Vacantia list →Intestacy is the legal situation that arises when a person dies without leaving a valid will. The Administration of Estates Act 1925, as amended, sets out a strict priority order for who inherits. Closer relatives always take precedence over more distant ones.
If no relative within the priority order can be found, the estate passes to the Crown as bona vacantia— literally “vacant goods”. The Government Legal Department publishes a list of these unclaimed estates, which FindMyLegacy searches for you. Claims can be made up to 30 years after the date of death, so distant relatives may still be entitled even if years have passed.
Note: different rules apply in Scotland (governed by Scots law) and Northern Ireland. This calculator applies to England and Wales only.
An intestacy calculator helps you work out who would inherit an estate when someone dies without a valid will in England and Wales. It follows the strict priority order set out in the Administration of Estates Act 1925 — spouse or civil partner first, then children, then other relatives in descending order.
Under the rules of intestacy in England and Wales, a surviving spouse or civil partner is first in line and may inherit the entire estate if there are no children. If there are children, the spouse receives the first £322,000 plus half of the remainder; children share the rest equally. If there is no spouse, children inherit everything equally. If there are no children, the estate passes to parents, then siblings, then more distant relatives. If no relatives can be found, the estate passes to the Crown as bona vacantia.
No. This calculator applies to England and Wales only. Scotland is governed by Scots law (the Succession (Scotland) Act 1964), which has different rules around prior rights and legal rights. Northern Ireland has its own intestacy rules under the Administration of Estates Act (Northern Ireland) 1955.
If no relatives within the legal priority order can be traced, the estate passes to the Crown as bona vacantia — literally "vacant goods". The Government Legal Department publishes a list of these unclaimed estates. Distant relatives can still claim up to 30 years after the date of death, so it is worth searching even if years have passed.
Claims against an estate on the Bona Vacantia list can be made up to 30 years after the date of death. After that point the Crown's title becomes absolute. The earlier you make a claim, the more likely records will still be available to support your case.
You are not legally required to use a solicitor, but it is strongly recommended for contested or complex estates. You will need to prove your relationship to the deceased through documentary evidence such as birth, marriage, and death certificates. Some heir-hunting firms work on a commission basis, but FindMyLegacy lets you search and research for free before deciding whether to instruct a professional.
For information only — always seek independent legal advice before making a claim.